Code Compliance ServicesDATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 08/05/14
ITEM NO. I O
COUNCIL AGENDA REPORT
JULY 24, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
CODE COMPLIANCE SERVICES
A. DISCUSS THE TOWN'S OVERALL APPROACH TO CODE
COMPLIANCE SERVICES
B. PROVIDE DIRECTION ON SPECIFIC SERVICE OPTIONS
RECOMMENDATION:
1. Discuss the Town's overall approach to Code Compliance services.
2. Provide direction on specific service options.
BACKGROUND:
For the past two years, the Town Council has authorized the use of part time contractual Code
Compliance staff since the elimination of the Town's full time Code Compliance position in
early 2009. The FY 2014/15 Adopted Budget includes the restoration of the prior full time Code
Compliance Officer and a new part time Community Service Officer to focus on nighttime noise
and other issues to maintain the Town's high quality of life.
During the Budget discussion, staff suggested specific topics to focus the work of the new Code
Compliance Officer. The Council directed that this discussion occur early in the new fiscal year.
In preparation for this discussion, staff from the Town Attorney, Police Chief, Information
Technology, Community Development, and Economic Vitality have collaborated on the
information presented in this report.
DISCUSSION:
Code Compliance services in the Town range from immediate health and safety items to zoning
and other Town Code violations. The service is initiated upon receipt of a concern or
"complaint" from a resident or business. The Code Compliance Officer investigates the concern
PREPARED BY: LAUREL R. PREVETTI, LAKP
Assistant Town Manager/Director of Community Development
Reviewed by: N/A Assistant Town Manager own Attorney Finance
\\1wna\dam\DEV\tc reports\2014 \Code Compliance Approach.doa Reformatted: 5/30/02
Revised: 725/14 8:15 AM
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MAYOR AND TOWN COUNCIL
SUBJECT: CODE COMPLIANCE
July 24, 2014
and takes the appropriate action to resolve the issue. hi most cases, property owners address the
concerns once they are brought to their attention and the Code case is closed.
In more complex cases, the Code Officer works through a priority list of issues to resolve on the
property. If an owner is not making progress to fix the violations, the Town can take a number
of actions, including but not limited to: fines, order to show cause, revocation of permit(s), or
court proceedings. In certain situations, the Town may take a multi- department approach to
resolve the issues, involving not only Code Compliance but also the Police and Finance
Departments and the Town Manager and/or Town Attorney Offices.
As the Town recruits for the full time Code Compliance Officer and the part time Community
Service Officer, the Council may wish to discuss its overall approach in the delivery of Code
Compliance services as well as specific service options outlined below that could become part of
the Code Compliance work plan. These items were identified during the budget process and
staff has provided additional information for the Council's consideration.
1. Enhanced online code enforcement reporting with implementation of Town website
re- design in June.
On July 1, 2014, the Town launched its new website. It includes new functionality that
enables residents and property owners to "Report a Concern." This online tool makes it
easier to submit Code Compliance and other concerns. While this item has been completed,
there will likely be improvements and modifications over time.
2. New code case tracking tools on Town website by December.
As part of the July website launch, tracking tools for all issues submitted under "Report a
Concern" can be tracked by the individual who submitted the item. This way, residents and
property owners can monitor the progress of their items. Staff intends to respond to all
concerns within three business days of submittal and provide updates on the case that can be
accessed by the individual who submitted the item. This item has been completed; however,
there will likely be improvements and modifications over time.
3. Noise monitors (calibrated decibel meters or smart phone apps) to be issued to
Police Patrol, Park Service Officers, Building and Public Works Inspectors, with
training for meter use and response to noise complaints.
The Town currently owns two noise meters. One is used by Code Compliance and the other
by the Police Department. The meters require annual calibration to ensure accurate readings.
These meters are the most reliable approach to collect information that could be used for
Code Compliance purposes because the meter accounts for ambient noise, wind, and other
factors. iPhone applications (apps) may give the public or staff a general indication of noise
levels, however, the information may not be as reliable for enforcement actions.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: CODE COMPLIANCE
July 24, 2014
Additional noise meters may need to be purchased and calibrated annually if the Town
Council would like to see additional field staff equipped to take noise readings. These costs
are not currently budgeted; however, they are likely within the Town Manager's spending
authority.
In addition, the Town will need to develop appropriate protocols for the use of the meters and
the use of the data. For example, if the noise exceeds the Town limits once, does that result
in a Code Compliance citation? As discussed later in this Report, these protocols could be
included in a Town of Los Gatos Code Compliance Policy and Procedures Manual.
4. Research and possibly pilot citizen provided noise data as documentation for code
enforcement violations.
The public has access to any number of free or low cost apps for their smart phones that
measure noise. In consultation with the Town Attorney, noise information provided by a
citizen could be included in a concern reported to the Town. By itself, citizen provided noise
data would typically not be enough for an enforcement action; however, with the data, the
Code Officer could then conduct a field investigation and, if possible, collect noise data using
the calibrated noise meter. The Town welcomes any information (including video,
photographs, or other documentation) that would assist Code Compliance.
5. Implement a pilot real -time exterior noise monitoring program with a Central
Business District establishment.
Town staff has begun to have discussions with a Downtown business owner who is interested
in working with the Town to install noise monitors as a pilot program. These devices would
be calibrated to provide noise readings at the business and at the property line. This would
provide field data regarding noise that could be used to guide the work of the Community
Service Officer. This service option could be included in the Code Compliance work plan
without impacting responses to complaints, the resolution of immediate health and safety
concerns, or other service options that the Council may wish to consider.
6. Proactive enforcement of existing Conditional Use Permits with particular emphasis
on signage and seating limits after prior notice.
hi the recent past, the Town Council has expressed specific interest in enforcement of
signage and seating conditions for bars and restaurants. One option for Council
consideration is proactive enforcement of these conditions Town -wide. The Town Council
might prioritize geographic areas for proactive attention with an explanation of why one area
should be evaluated before another.
In preparation for the Council's discussion on Code Compliance, Economic Vitality staff
sent letters (Attachment 1) to all restaurants and bars within the Town and included a copy of
their respective Conditional Use Permit (C.U.P.) with specific attention to seating and
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: CODE COMPLIANCE
July 24, 2014
signage. Businesses have been advised of the scheduled Council item and they may choose
to provide input to Council. The letter indicated that staff is available to answer questions
and assist the businesses as appropriate. The letter mentioned that a staff representative may
visit some establishments for informational purposes in further preparation for the Town
Council's discussion, and not for enforcement purposes. If Council selects this service
option, staff will perform additional outreach to the businesses. As appropriate, this outreach
will be coordinated with the Chamber of Commerce.
This service option would be a significant work item for the Code Officer in terms of
fieldwork and office time to document findings, work with business owners on compliance,
and follow through on any violations. If this is added to the Code Compliance work plan, the
program may not be able to include other service options identified below because some staff
capacity should be reserved for immediate health and safety issues and responses to
complaints.
7. Annual Conditional Use Permit compliance reviews for all C.U.P. holders.
Another approach to address C.U.P. compliance would be to ask each business to "self -
certify" compliance with its Conditional Use Permit. This could occur in coordination with
the annual business license renewal or on a rotating basis over the course of the year. The
Code Compliance Officer would then spot check a sample of businesses. If violations are
found, appropriate enforcement would be implemented. Enforcement could include, but is
not limited to, a modification to the Conditional Use Permit after a public hearing by the
deciding body, fines, or permit revocation. Any fraudulent representations on the self -
certification would also need to be addressed. This service option would provide capacity for
other compliance activities. Self - certification is used frequently by regulatory agencies for
environmental issues to focus the use of limited funding and staff resources.
8. Coordinate with State Alcoholic Beverage Control (ABC) regarding enforcement of
alcohol service in violation of State and local laws.
Police Officers, Sheriffs Deputies, and ABC investigators are all sworn law enforcement
officers (peace officers) with powers of arrest. Whether in plain clothes or uniform, peace
officers have the legal right to visit and inspect any alcohol licensed premises at any time
during business hours without a search warrant. This includes inspecting the bar and back
bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the
licensed premises.
Upon notice by a peace officer, a licensee must take reasonable steps to correct
objectionable, nuisance conditions on or about the licensed premises and on abutting public
sidewalks up to 20 feet from the premises. A licensee must correct the conditions within a
reasonable period of time after receiving notice. The conditions include disturbance of the
peace, public drunkenness, drinking in public, harassment of passersby, gambling,
prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: CODE COMPLIANCE
July 24, 2014
noise (Business and Professions Code 24200). However, restaurants, hotels, motels, and
wineries are exempt from responsibility for correcting nuisance conditions on abutting public
sidewalks (Section 24200[e][f][g]).
In addition, any licensed premises that disturbs the neighborhood or is maintained for
purposes which are injurious to the public morals, health, convenience or safety may be cited
for violation of the Business and Professions Code. These include, but are not limited to, a
licensed outlet that (a) disturbs the neighborhood with noise, loud music, loitering, littering,
vandalism, urination or defecation by patrons, graffiti, etc. or (b) has many crimes ongoing
inside, such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises
include their private parking lot(s). Any licensee, or employee of any licensee, who keeps or
permits such a disorderly house is guilty of a misdemeanor, and the license is subject to
disciplinary action (Sections 25601 and 24200). Finally, Police Officers and ABC
investigators can cite licensed premises pursuant to the Los Gatos Town Code Noise
Ordinance. It is not yet known if ABC investigators are able to cite under other Town Codes
(e.g., C.U.P. violations of hours of operations, seating, or meal service with alcoholic
beverages).
If selected by the Town Council for inclusion in the work plan, staff would meet with ABC
to determine roles and responsibilities and other coordination items. The Town Council may
wish to identify selection criteria for this type of enforcement to focus the available resources
on the highest priority concerns.
9. Broadened use of coordinated Community Development, Police and Finance related
enforcement activities for problematic cases, as piloted this fiscal year for two
challenging cases.
For cases that are particularly challenging, a multi - disciplinary approach has proven
effective. The Council may wish to provide additional guidance on the types of
circumstances that might warrant this more intensive use of staff resources, recognizing that
the Town has limited capacity to deploy this approach.
10. Establish Code Compliance Performance Standards as follows:
a) All complainants contacted within 2 business days;
b) Compliance confirmed or achieved within 60 days of complaint for 95% of
complaints received (up from 90% in 2013);
c) Repeated similar violations of the same type will accrue to the first reported
violation.
d) Progressive fines and penalties after 60 days, or earlier as warranted (e.g.,
refusal to comply); and
e) C.U.P. revocation hearings scheduled before the Planning Commission per
Town Code due to ongoing C.U.P non - compliance;
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: CODE COMPLIANCE
July 24, 2014
Staff is recommending performance measures to monitor the activity, responsiveness, and
effectiveness of the Town's Code Compliance services. The items above are suggestions and
are subject to Council input and direction. These measures would be included in the semi-
annual Code Compliance report to Council and in a proposed Code Compliance Policy and
Procedures Manual, discussed further below.
11. Adopt and Implement a Town of Los Gatos Code Compliance Policy and
Procedures Manual.
Many municipalities have established policies and procedures for code compliance and
enforcement. The Town Attorney has provided a first draft of a potential Town Code
Compliance Policy and Procedures Manual (Attachment 2) modeled after other jurisdictions'
manuals. This document is being reviewed by staff and is provided to Council for initial
input. Staff recognizes that several topics should be added to the draft, including an
"appeals" process for alleged violators as allowed by the Town Code, appropriate follow up
with the complainant regarding the status of the case, and complainant recourse if dissatisfied
with the Town's action(s) on a case. After initial input from Council on the draft Policy and
the issues discussed in this Report, the Policy will be revised in coordination with appropriate
Departments and then come back for final approval by Council.
CONCLUSION:
The Town Council may wish to provide guidance on each of the items above and/or provide
additional direction for effective Code Compliance services. As mentioned, some of these items
can be easily implemented, and others may have a fiscal impact on the Town. For example, if
Planning Commission hearings or legal procedures are significantly increased, then additional
staff resources will be required to complete the necessary documentation.
ENVIRONMENTAL ASSESSMENT:
The Town Council's discussion and direction on this item is not a project under the California
Environmental Quality Act.
FISCAL IMPACT:
The fiscal implications are discussed throughout the report.
Attachments:
1. Letter to Bars and Restaurants dated July 18, 2014
2. Draft Town of Los Gatos Code Compliance Policy and Procedures Manual
LRP:cg
July 18, 2014
Business Name
Address
Los Gatos, CA 95053
Dear Business Name:
TOWN OF LOS GATOS
CNIC CENTER
110 E. MAIN STREET
Los GATos, CA 95030
The Town of Los Gatos would like to thank you for being a vital contributor to the success of our
community, and invite you to assist us in our efforts to maintain the high quality of services for which we
are known.
When concerns regarding Town Code and Conditional Use Permit compliance are raised, it has been our
Practice to refer such inquiries to the Town's Code Compliance Officers for investigation and resolution.
The Town Council will be discussing a more proactive approach to Code Compliance, with possible
attention to the number of seats, hours of operation, and signage at individual establishments. This
discussion is schedule at the next Town Council meeting, on Tuesday, August 5 at 7pm.
Given increased interest in these issues, enclosed are the conditions of approval for your specific
business, and the section of the Town Code that specifically addresses signage. These documents are for
your reference and records.
Over the next few weeks a Town representative may visit your business to observe its operation and
discuss any input you might have on this topic. This is not for enforcement purposes, but rather to gather
additional information for the upcoming Council discussion.
If you have any questions or comments, please feel free to contact me at MRennta.:L(Ls atosC_ .aoN. or
408.399.5790.
Best Regards,
1Nonic enn
Economic Vitality Coordinator
Encl.
cc: Town Manager
Assistant Town Manager /Director of Community Development
Executive Director, Chamber of Commerce
ATTACHMENT 1
INCORPORATED AUGUST 10, 1887 4%
This Page
Intentionally
Left Blank
TOWN OF LOS GATOS
CODE COMPLIANCE POLICY AND P
I. PURPOSE, PHILOSOPHY AND GOALS:
a. Purpose: It is the intent of the Town of Los Gatos to health, safety,
and welfare of its citizens. Part of this res Ludes protecting
neighborhoods from conditions that may h e impact on the
surrounding area. This is achieved through i d by establishing
administrative policies and procedures to gu S.
b. Philosophy: The Town's policy is t ach omplian ith Town codes in
cases of reported and discovered a vio ns. How not all violations
have the same degree of severity. uch, o has lished through this
manual priority ranking and pr es. t is low the level of
compliance that best fits the t ci es o code violation(s)
within clear and object Teri ist a es hed priorities, and
maximize available es. a policy code compliance
follows the priori et f s ent.
c. Goals:
i. This policy is vi own resi is with a fair and
consistent proce. „° ad s Hance. The ultimate goal of this
policy is to brin op ce through informal procedures
by way of co °... ica o lion with the property owner or
other responsibl,' arty. 1 ade to work with the responsible
party to makes th a violation and have the violation
corrected short of pros n. rmal procedures, such as oral warnings
and violation notices, pt bell whenever possible to correct violations
in an expeditious manner.•
ii. Generally, the Code Compliance Policy may be enforced on either a
complaint basis or as part of a proactive compliance initiative targeting
health and safety violations.
d. External Education and Communication: Ongoing efforts to educate the
Town's residents, special use permit holders, and builders should be made a
regular practice, emphasizing new ordinances and Code sections that are unique
to Los Gatos. An ongoing awareness of the breadth of the Town's Code
provisions should help eliminate confusion and resolve questions concerning the
responsibilities of citizens and others for complying with the Town code.
Page 1
ATTACHMENT 2
e. Internal Education and Communication: In a coordinated effort to respond to
reports of alleged violations, specific Town departments have been assigned to
respond to certain complaints. In general, violations of the Zoning Ordinance,
Building Code and Town owned - right -of -ways will be directed to the Public
Services Department. The Police Department will respto health and safety
violations of immediate concern, traffic, and other off es, and the County Fire
Marshal will respond to violations of the Fire Code. /Town staff should recognize
possible violations and direct the matter to the woper department for possible
code compliance action. Code compliance complaints and all follow up actions
will be documented in order to ensure thorough and appropriate response to
citizen complaints and to monitor repeat violations.
f. "Code Compliance Representative"
the Town Community Service Off
Town Attorney, and any other pets
authority to issue a citation for a obi
II. STANDARD CODE COMP CE
Town residents are encou
their and su
environment of nei 'borhoods thr
ordinances. To assist iri this endeavor
established to guide the Town in addres
a.
st to resolve all
when code viol
code violations
lclude$ the Town Code Compliance Officer
.r, any Police Officer, Building Inspectors,
t designated by the Town Manager to have
violatill n,
in err efforts to maintain the physical
npl ance with standards set forth in local
owing code compliance policy has been
Code
it is
2 be
no a
Town's policy to investigate and
ed code violations. There may be
i the same level of attention, when
inat all, or when the Town may be
unable to ,carry out t7 -W.roa e code compliance activities outlined in this
manual. In such circumstance NVItc, o ous violations, as determined through
application! of the priorities an ria tbis section will be addressed before the
less serious violations are addressed, regardless of the order in which the
complaints are received. However, complaints alleging both priority and non-
priority violations may be processed together to maximize efficiency.
!i. Pri , , C .
t
::,. Vr1ati
ons that present an imminent threat to public health and
i sa or the environment;
2. Vons affe cting storm drainage, sensitive habitat and/or
adjacent areas;
3. Building code violations consisting of non - permitted construction
or failure to obtain permits for construction;
Page 2
4. Building, Planning, Engineering and Environmental Health permit
violations including failure to obtain required permits or failure to
meet conditions and requirements of permits;
5. Land Use and Zoning violations; and
6. Multiple complaints received on the same
ii. Non - Priority Cases. Complaints alleging c
that do not fall
within the priority rankings above will be.
the order in which
the complaints are received, and as res
I. Exception. At the discretion p
e staff, complaints
may be processed in an y that
imizes efficiency.
Complaints concernin a p ar type
de violation (e.g.,
occurring in a p Jar aphic are
ay be processed
together, regardle the whi
a complaints are
received.
iii. Compliance Levels.
I
1. Obtaining volun li
2. Written Citation to Section
3. Prosecution of in an demeano
Municipal Court.
4. Physical abatem loyees or
ts.
s`5. Stop work order li ).
f 6. Permit revocati ap ble) and withholding additional
permits. 4,J
iv. - ,nteria for tsEWWnsmrEwWrrn gIrS.Lhoosing Level of Com Rance.
Code violation Imes 'no'' Irsted as priority may be moved to
priority status if they have o r more of the following aggravating
circumstances:
L The actions le to the violation(s) were deliberate;
2. The violatic uses economic harm to individuals or the Town as
a whole:
3. The alleged code violator is receiving significant economic benefit
from the continuing code violation;
4. The physical size or extent of the violation is significant;
5. The violation has existed uncorrected for a significant period;
6. There is a previous history of complaints and code compliance on
the subject property and/or with the alleged code violator;
Page 3
7. There is community interest in the violation expressed by the
receipt of multiple complaints from separate individuals or by a
complaint by a citizens group;
8. The relative benefit of code compliance out ei 's its cost (e.g.
correction should be quick and inexpensive „ . "accomplish);
9. After reasonable efforts have been mace; there is little likelihood
of obtaining voluntary complian (' ;,macted twice with no
response or citizen refuses to ackn Town authority); and
10. Is flagrant and visible to the pu
III. APPLICABILITY:
a. General Applicability: This man appli all code pliance carried out
by Town employees an d agents. pt as o, erwise pro d, the policies and
procedures in this manual apply t lege code.olatio F
b. New Policies and Procedures Avnlicable I on Effective Date of Manual: On
and after the effective Pte of thi ual d within availgble Code Compliance
resources, the To I unde num of procedur for proactive code
compliance. They procedures
i. All com tac thin 2 iness days;
ii. Timely ari re f w�up by, Town staff r compliance with
ndition5 and r em f r permits and approvals;
i eportingb T sta o tin s observed while conducting
Town bus
i! Complian ed 60 days of complaint for 95%
of compl , ts' ed o /o in 2013);
V. Repeated ! simil of ns o the same type will accrue to the first
reported �olati
41: Progressive fine alties after 60 days, or earlier as warranted (e.g.,
refysal to compI , and
vii. Stop Wor , Qrder for work on property without permits or approvals;
Viii. O.P. re tion hearings scheduled before the Planning Commission per
Town Co due to ongoing C.U.P non - compliance;
i�. Revocation of permits and approvals for failure to comply with
requirements or conditions;
Page 4
I
C.
x. Restriction on issuance of permits on property with uncorrected code
violations; and
xi. Cooperation with other agencies to terminate
authorized by law, to non - permitted uses on prope
subdivisions and planned communities are subject
conditions and restrictions (hereafter "CC &R's"
regulate height, size or appearance of stru
recreational vehicles. The conditions and
generally enforceable through private legal
private CC &R's; however, Town regulation
Code Compliance will be initiated by
a.
or more code
to the extent
ons: Many
ded covenants,
le, CC &R's may
ethod of storing
I in CC &R's are
does not enforce
Town alleging one
I. Com Taint F en a Taint on a complaint form.
The form is th all on the T IFrm website. Citizens
may h pi tal o io et to the provided by the
To
2. Anon us laints will be accepted, but may
or may not be _ gated f the Town Manager or designee
deuendinu on the followin
an imminent threat to public health and
`'c. TR eW- or °difficulty with which the complaint may be verified by
Town staff.
3. Confidentiality. The Town's policy is to maintain the confidentiality of Code
compliance complaint files and computer records, including the identity of
e complainant, to the extent legally possible. In addition, the Town
[ ecognizes some complainants do not wish to have their names disclosed to
e alleged code violator for fear of retaliation. However, in some cases it
may be necessary for successful prosecution and compliance for the
complainant to be identified and to testify in court. Additionally, the Town's
Page 5
1�l
Code Compliance files are subject to state statutes governing public records
and disclosure.
b. Observations by Code Compliance Staff. Code Compliance staff shall
document, in the Code Compliance records, any pot al code violations
observed on property that is subject of their current mve gation. They may also
document code violations observed on any property ' `;the same vicinity as the
subject property, which violations are observable f e subject property. Such
violations then shall be prioritized for investigati p`according to this manual.
C. Permit/Approval/Conditions Monitorine
o lia ce Staff: The Town
issues land use, environmental, engineerin
]ding jpermits with a variety
of requirements, the site by a certain
or build g permits expire if
construction progress and inspecti e n
ade within ' ain periods. Code
violations occur when these pe appr
o con s are not met in a
timely manner.
Planning and Code Compliance shall
nitor cond s of approval and
similar permit requir " `, for is an
'approvals for which the decision is
issued, as time and urces all
d. Report by Town 'Staff- Iii in s, Town staff may be in a unique position
to observe potent a] code violati -ns. ;For ex$mple,
the Building Inspector may be
the only son �ble to obsery new construction for which there is no permit.
The To 's policy is thi�t all Town staff may
report to the Code Compliance staff
pos 'file code violations` they observe while
conducting Town business. Reports
bywn staff under tktis subsection shall b
made on a complaint form and shall
be cessed by priority rankink,,,
e. Re rt b Town Cot er lsf the Town Council may report a
pot tial code violatio` m que at Code Compliance staff investigate a
citi . report of a poten 1 atio 1 The Council member shall complete a
co ` laint form, submit a wri memorandum concerning the alleged violation
to attached to a corn lai torm, or report the violation at a regular Town
2ECOR I G C MI ®r
NT OPENING FILES AND TIMELINES
a. Recording ComI lalnts: To the extent possible, all complaints received shall be
recdrded in the 16wn Code Compliance records. Recording the complaint shall
con ist of assigning the complaint a case number and entering into the record the
foll `wine information:
Case Number;
Complainant's name and telephone number;
Page 6
VI.
iii. The subject property address; and
iv. Type of complaint.
b. Onenine a File: After a complaint is assigned a numb4anded, a file shall
be opened. The file is the official record of complainestigation and
resolution. The file shall contain the following:
i. The complaint form;
ii. A map;
iii. An investigation worksheet;
iv. Assessor's information on the subjec
y;
v. The name of the staff m
or
represe
a assigned to the
case; and
vi. Photographs or other exhi
t su
comp
s.
c. Protected Timeline When a fi
en
fore
vestigation begins,
Code Compliance stshall est
p
tmeli
r investigating the
complaint. This timeline is bas
sid
of the f
ing criteria:
i. The type of alleged vio
d
aled time
ring property into
compliance;
ii. Priority rankin1,0 'e
iii: Ctiurent complas
iv. Current world
ivisions that
may assist in, or be
a. EstabUshirig`the' n ofa ViolaKon: Before a notice of violation is sent, it
must be determined iv r the complaint, if valid, established a code violation.
If it does not, the case will be closed.
Code Compliance staff, `with the assistance of the other Town staff and /or legal
counsel, and after any necessary field investigation, shall determine if the
following elements have been established:
i. Jurisdiction. The property upon which the alleged code violation has
occurred must be land over which the Town has jurisdiction.
ii. Zoning. Zoning of the subject property shall be determined.
3
Page 7
b.
iii. Permit Status. The status of any land use, environmental health,
engineering and/or construction permits on the subject property shall be
determined. 1
iv. Property Ownership. All persons with a recordeVegal interest in the
subject property should be identified from the As is records and they
may include the owners, contract purchasers, 1 ees, an6 lien holders or
other security interest holders.
v. Other Responsible Persons. In addition to the persons listed in section
"W', any other persons potentially/responsible for the alleged code
violation(s) shall be identified. Thege; ns could ,include tenants, land
developers, and contractors. a,
vi. Identification of A licab ode visions. C Compliance staff,
with the assistance of of � own staff and legal sel as necessary,
shall identify the pertine isioiis of the Tow des that may have
been violated according t mplWnt. :i
vii.
code violas
that occur
way); or is
residential u
are reasonabl
maybe cl
viii. Prior Comp i
records to determine
WE A Jdine aint may allege a
g., conn without permit);
hoops in public right -of-
ted co al activity in a
T shall whether there
alleged violation did occur or is
I in a reasonable period, the case
liance staff shall examine past
status of any prior or existing code
property or concerning the alleged
Ass MTV- I sti 6r ;Md Compliance Responsibility: Responsibility
for field inbestigiition ' d cod compliance will be assigned to Town staff with
the " pertise in that
pa field. For example, alleged violations of building
cod are best i ivestiga ed and resolved by the Town's Building Inspector with
thei !special lice and experience. However, all code compliance activity will
be =rdinatcd th Code Compliance staff, and all notices of violations,
vol##ntary oompl ance agreements, and citations will be coordinated by Code
Compliance staff.
ThPi following criteria shall be used for assignment of responsibility:
ri. The nature of the code violation(s) alleged in the complaint;
Page 8
ii. The knowledge and expertise needed to investigate the alleged violations;
iii. The history of prior code compliance on the subject property or with the
alleged violator; and
iv. The type and status of permits and approvals on the ubject'property.
c. Field Investigation: The purpose of field investigation'is to:
i. Verify the existence and severity of a code violation.
ii. Document code violations by means of written notes, photographs,
witness interview, etc. If a violation is visible, any investigation that
establishes such violation, or confirms there is no violation, shall include
pictures. The report shall include an measurements made and where they
were made.
iii. Obtain supporting evidence, such name and statements of potential
witnesses.
F
iv. If possible, contact and discuss with the property o er, occupant or other
responsible pgfson: j
i
1. Th6"nature of the viol�tion(s)
2. Methods for complying;
3. Timelines for compliance;
4. Compliance procedures; and
5. Potential ,consequences for failure to comply.
d. Pr `(arations and Precautions: Staff shall"'e whatever actions are reasonable
andrnecessary to ;minimize anyf potential risk of violent confrontation or injury to
themselves' or others when con Sucting }their field investigation:
i. Law Compliance Assistance. 'UVhen appropriate, Code Compliance staff
or gther assigned staftlwill contact the Police Department to determine if
there have been criminal complaints or investigations concerning the
subject property',of alleged code violator, and whether, in the opinion of
the Police Department, a field investigation might present any threat to the
safety of taff, the alleged code violator, or other persons present during a
field investigation. Staff may request law compliance assistance in
conducting the field investigation and may postpone such investigation
until law compliance assistance is available.
ii. Announced/Unannounced Field Visits. At the discretion of Code
Compliance staff or other assigned staff, a field visit to the vicinity of the
subject property may be conducted with or without prior notice to the
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VII.
iii.
property owner, occupant, or alleged code violator. The determination of
whether or not to give prior notice shall be made on the basis of the
following criteria:
I. The nature of the alleged violation;
2. Whether or not prior notice will make detection and documentation
of the alleged violation more difficult; a#d
3. Whether or not prior notice will unn6edissarily increase the risk of
violent confrontation or injury to staff.
Entering Upon Property or Premiseg. Code Compliance staff and other
I.
assigned staff shall not enter upon private property or premises to conduct
a field investigation without aothority to enter.
Code Compliance staff ma enter on posted grope to seek permission to
investigate on the premises. unless permisl ion is granted, the
investigation shall be co ucted fr' in public roads or property where
permission to enter has ben granted. If Code Compliance staff or other
assigned staff /does not va permission or other authority to enter upon
the property or premi es, � and e�try is necessary to conduct the
investigation, staff shall �nsult with the Town Attorney about obtaining
an administrative search arrant.
iv. Rqport of Field Investi ition. ` Upon i completion of the field investigation,
Code C4pliance staff r other assigned staff will enter the information
into the Code Compliance records. The report shall include the following
information:
N �tne of Investigator;
Date, time and place of Meld visit;
Cdde vi?lation�s) obser�ed;
If Ino code violation(s) is observed, an explanation of conditions
5. Witnesse's,, if a�y, interviewed;
6. ENidence obtained, if any, (photographs, measurements, etc.);
17. Documented discussions, if any, with owners, occupants or other
responsible persons;
8. A< tion necessary to correct violation;
9. Recommended compliance action and timeline; and
10. Referrals, if any, to other agencies such as social services, state
agencies, etc.
Page 10
a. Notice of Violation for all Levels of Compliance:
i. When Sent. When Code Compliance staff or
determines there are reasonable grounds to believe a
occur, based upon the information in the co
investigation, notice shall be sent by the appr
notice may be provided by means of perso
and/or an informal "door hanger" left on
ii. To Whom Sent. Written notice shall
be legally responsible for the alleg
sent to the subject property owner(Vs6fit
iii. How Sent. Written notices ,11 be by certifi
in the correlating ordinan the best available ;
owner(s) and other respon persop(s). ,
iv. Follow -W. The date in
the compliance rds
determines ed
V.
taken: (i
initiated.
assigned staff
on did or does
ind any field
f. The initial
th the violator
who is or may
notice shall be
, or as indicated
for the property
U f rrective action shall be entered in
the deadline, if Code Compliance staff
ns ve not been made and a Voluntary
ee summed, the following actions may be
led ation and/ ) abatement action
t staff determines that required
at d method of compliance shall be
In tive action may consist of both
,a ermits or approvals. In such cases,
v lic alone will not be sufficient to assure
ed olator must follow through with the
n the necessary permit or approval.
liance requires both applying for and receiving a
pro de compliance shall continue until all necessary
)pr s are granted or until they are denied and code
obtained through other means.
e the required corrective action consists of both applying for
anT obtaining permits or approvals, Code Compliance staff, in
consultation with other appropriate staff, shall determine a
reasonable time frame for applying for or obtaining the necessary
permits or approvals.
Page 11
01
2. If at any time during the process for obtaining necessary permits or
approvals the alleged violator fails to meet the reasonable timelines
established under this section, and such failure does not result from
the actions of others, Code Compliance staf shall arrange for a
citation to be issued.
3. If the alleged code violator is not grantddthe necessary permits or
approvals, Code Compliance staff s arrange for a citation to be
issued.
4. If the code violator has appli cannot continue to
actively violate the code whi g iss of the permits, or
be allowed to operate outsi ditions hat a permit may
typically approve.
voluntary code compliance by
correct the violation with little
All
less expensive for Xallafties a
involuntary complVio
establishes a tim ine for Q t rr
allowing code vi lators pl
time limits may aictually t i
policy x4 limit
recovery will not be
Voluntary pliance without penalty or cost
flowed whe a the alleged violation is a repeat
ject property,or by the code violator, or where the
not c , ted following prior code compliance
Ii. Time Extended by Volary Compliance Agreement. Following issuance
of a notice of violation, the deadline set by ordinance may be extended for
t F:.
lined duration if the alleged violator admits the violation(s) and enters
into a "Vbluntarjompliance Agreement". The extended deadline shall
be dete led on a case -by -case basis contingent upon Code Compliance
Work1bad budget, effort already made by a violator to correct the
violation, verity and extent of violation, whether the violation is a repeat
offense, etc. The agreement shall provide that, in exchange for the
f extended time for voluntary compliance, the alleged violator agrees to
abate the violation(s) by a specific time, and to waive hearing and consent
to .judgment against him/her if voluntary compliance is not obtained
Page 12
It?is t Tow olicy to encourage
g r
r gI pers the opportunity to
ialt
oh tary liance generally is
f`iMatis
no
tory lasting nature than
all
�nter into a en agreement that
violation.
Notw anding this policy,
to°luntarily
co outside reasonable
g c4m
' iance. Th ore it is the Town's
w
code vio ators may come into
Voluntary pliance without penalty or cost
flowed whe a the alleged violation is a repeat
ject property,or by the code violator, or where the
not c , ted following prior code compliance
Ii. Time Extended by Volary Compliance Agreement. Following issuance
of a notice of violation, the deadline set by ordinance may be extended for
t F:.
lined duration if the alleged violator admits the violation(s) and enters
into a "Vbluntarjompliance Agreement". The extended deadline shall
be dete led on a case -by -case basis contingent upon Code Compliance
Work1bad budget, effort already made by a violator to correct the
violation, verity and extent of violation, whether the violation is a repeat
offense, etc. The agreement shall provide that, in exchange for the
f extended time for voluntary compliance, the alleged violator agrees to
abate the violation(s) by a specific time, and to waive hearing and consent
to .judgment against him/her if voluntary compliance is not obtained
Page 12
during the extended time allowed by the Town and a citation is issued.
Minor violations that do not meet the priority criteria and can be corrected
within a ten day period may be granted an extension if a itten request is
submitted by the violator stating the specific date violation will be
F
corrected.
c. Citation and Complaint:
i. Voluntary Compliance. Where voluntary.compliance cannot be obtained
within the timelines established by ordinance and/or in a Voluntary
Compliance Agreement, a citation may be issued.
ii. Field Investigation Required. No citation shall be prepared unless and
until a field investigation has verified the existence of a code violation.
iii. Forms. All citations shall be on a Uniform Citation and Complaint and
shall contain the information required under MBMC 1.03.
VIII. FILE MAINTENANCE
Code Compliance files, including b 'iding and public works records, are the official
records of the Town. As such the re shall be maintained pursuant to
the rules of the Public Records Act.
IX. SAVING CLAUSE
ineffective by a Court of competent
ull force and effect.
0
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